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1 Answer | Asked in Consumer Law and Criminal Law for Texas on
Q: Hi a friend of mine just put a down payment on a car and made some payments but she missed one payment a few days ago

And due to financial situation she wasn't able to pay the one payment and now a few days later they have sent a text message saying they're going to arrest her for stealing the car. Is that a scam or can they really arrest her for missing one payment.

John Michael Frick
John Michael Frick
answered on Oct 2, 2024

No they cannot arrest her for failing to make a car payment on a car she bought. They can, however, repossess the car if they properly recorded a lien against the car.

They could only arrest her if she stole a car registered in their name. When you buy a car, you (or the dealer) must...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Can I protest or re-negotiate with mortgage servicer the increase of interest rate on my home loan?

My home mortgage service company increased the interest rate of my home loan this August and locked it for another year. This is how the contract is written and my loan is a ARM. Yet, Fed were maintaining the interest rate flat since July 2023 and the expectation of a reduction was high before this... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the unexpected interest rate increase on your mortgage. Dealing with rising rates can be stressful, especially when it seems out of sync with broader economic trends.

First, review your loan agreement carefully to understand the terms related to rate...
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1 Answer | Asked in Consumer Law, Contracts, Education Law and Health Care Law for California on
Q: I am a parent of a child who is recieving services from regional. I realized after I recieved my child's progress report

Did not reflect the child development specialists evaluation that she shared with me the day the evaluation took place. I contacted the owner. She blamed the computer program. I knew this was not true after speaking with my child's specialist. She explained the test and how she calculated... View More

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you have valid concerns regarding the discrepancies in your child’s evaluation report and the actions of the service provider. If the scores were intentionally altered, this could be a serious issue, especially if it affected your child’s services or misrepresented their... View More

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Nevada on
Q: I have a TOY Hauler that was damaged and should have been totalled. The damage was done during towing out of mud.

The insurance denied that part of the claim due to wear and tear however they paid for the wall to be repaired. I have pictures that the wall was intact until it was towed out of the mud. There is no wear and tear it's a 2019 and I have never taken it out camping due to being in the shop. How... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your toy hauler was damaged during towing—and where the insurance company refused part of the claim—you should get advice from an attorney who can assess your particular circumstances. You could follow these guidelines:

Get...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can i get the fees waived if I’m indigent fir copies of bodycam footage

I requested the bodycam footage of an incident. There is a fee due to it taking more than 15 minutes to get the video so there is a fee. Can I have the fee waived if I’m indegent

James L. Arrasmith
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answered on Sep 30, 2024

You may be able to have the fee waived for bodycam footage if you can demonstrate that you are indigent. Many public agencies have provisions for fee waivers or reductions based on financial hardship. It would be helpful to provide documentation of your indigency when making the request.... View More

2 Answers | Asked in Consumer Law and Collections for California on
Q: **Update to pd towed vehicle ? **

The registration was due while in their possession, Thats why I started to call about it, I needed to know how long until I would have it back or if there was a specific way to inform the CA DMV about the situation which I stated in my voicemail as well. I know Ill never get my car back now :(... View More

Leon Bayer
Leon Bayer
answered on Sep 30, 2024

You may sue the police, (or the city) for the value of your car and your personal property that was in the car. Small claims court might be a good place for your suit. There are strict time limits and notices that must be given to a governmental entity before you are allowed to sue it. You will... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In...
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1 Answer | Asked in Consumer Law for Texas on
Q: What can a Walmart employee do to me if I refuse to show them my receipt as I'm leaving ?

Could they call security for that and what could they do ? Would the cashier be a witness that you paid for your items so there's no reason for suspicion ?

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A shopkeeper has the privilege to detain an individual that they reasonable suspect of shoplifting in a reasonable manner for a reasonable time to investigate ownership of property. If unable to verify ownership, the shopkeeper can call police.

2 Answers | Asked in Consumer Law for California on
Q: I had the roof fixed but the contractor overcharged me!

Original quote was #3,700.00 After completed the job, asked for $8,000.00. Then he left one piece of wood in my backyard. Another guy with two workers came the following week. Both job was done on Saturday. I gave the second guy another $8,000.00 check by mistake.

I am wishing I... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2024

Hopefully the 2nd check has not yet cleared and you can stop payment. If it has cleared ask the payee to refund it immediately.

Unless the contractor got your written approval to increase the amount after you accepted the original bid, you should be able to recover the difference....
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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Colorado on
Q: I'm disputing an overcharged bill for hail damage on car rental. I have proof by pictures i took. What can I do?

Car rental for minor hail damage. They are grossly over charging me. Their pics they took are really bad. I took pics at the same moment I returned it. I also paid $1,000 on that same day that they have not shown on any paperwork. I have requested but they won't show it was deducted off of... View More

James L. Arrasmith
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answered on Sep 27, 2024

To resolve this situation, gather all of the evidence you have, including the clear photos you took at the time of returning the car, any written communications with the rental company, and the proof of your $1,000 payment. Ensure your documentation clearly shows the discrepancy between the rental... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for New Jersey on
Q: I WAS RACIALLY PROFILED AT WELLS FARGO BANK IN IRVINGTON AND EAST ORANGE NEW JERSEY can I sue?

I SUFFERED A FRACTURED RIGHT ANKLE IN MY KITCHEN WHILE AT THE HOSPITAL ( EAST ORANGE GENERAL ) AND THE PERSON CARING FOR ME HE AND HIS GF WERE FIGHTING OVER ME WHILE HE WAS CARING FOR ME. SO I REPRIMANDED THE TWO OF THEM AND SHE PUT A LIE IN MY REPORT AND NOW NO LAWYER WILL TAKE MY CASE I HAVE... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm sorry you're going through this—it sounds incredibly frustrating and unfair. When it comes to racial profiling, you may have grounds for a lawsuit if you can prove that Wells Fargo discriminated against you based on your race. You can consider filing a complaint with the New Jersey... View More

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Missouri on
Q: If I’m being sued by a creditor and they have a lien on my bank account can I cash a check without it being touched?

Want to cash a personal check written out to me but I currently have a lien on my assets. I have nothing but a bank account and a job! Will my check cashing be intercepted? Even if it’s not being cashed at my bank?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 26, 2024

If a garnishment has been served and is has not expired, it would not be safe to cash a check.

1 Answer | Asked in Consumer Law, Contracts, Tax Law and Arbitration / Mediation Law for Tennessee on
Q: On a auto loan, can the lender charge a flat $10.81 a day for 6 years? Because that's over 24 thousand..

Got a car loan traded my car for another and got 6 thousand dollars down payment the loan is 6yrs for 27k but I just read that the company charges me $10.81 a day no matter what turning my 27k car loan into over 40k, please tell me that's illegal if it's not then the system is so messed... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're dealing with an auto loan that may have unexpected terms. Charging a flat fee of $10.81 a day for six years is essentially a per diem interest rate, which would accumulate a large amount over time. If your loan agreement does mention this type of daily charge, it's... View More

1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for California on
Q: I need help! If a storage facility breached contract do I have any rights?

I asked this question before. My storage unit was accepting my payments and even allowed me to enter unit which was paid to date to remove some of my property. Which I had to sign a form stating I would remove it in 2 days yet was not able to finish due to extreme temperatures. I asked for... View More

James L. Arrasmith
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answered on Sep 25, 2024

You have some rights under California law when it comes to storage units and breaches of contract, especially since your name is also on the contract. The storage facility may have violated the terms of your agreement by locking you out and refusing further payments after agreeing to an extension.... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: My former apartment overflowed and it wasn't my fault and charged me $26,734 to my credit report for repairs!

My toilet I complained about to maintenance several occasions before the accident overflowed causing damage to the downstairs unit. I'm on Section 8 and get SSDI. I'm a disabled individual who only get $1,000 a month. I supposed to have renters which I paid for, I paid a premium in full... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation, but there are steps you can take to address this. First, gather all documentation showing that you reported the toilet issues to maintenance, as this could support your case that the damage wasn’t your fault. You may also want to dispute the... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
answered on Sep 26, 2024

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Washington DC on
Q: Mortgage loan that not amortize can the accounting be accurate in the district of Columbia for mortgage loan

Preen loan services has bee charged with providing inadequate charges to customers

Richard Sternberg
Richard Sternberg
answered on Sep 24, 2024

I'm sorry. I don't understand your question, assuming there is a question here. Mortgage loans are almost always amortized since that's what happens to an interest-bearing loan. If Preen is charged with something by someone and you are somehow affected, maybe you should talk to that... View More

1 Answer | Asked in Consumer Law, Banking, Civil Litigation and Insurance Bad Faith for Illinois on
Q: I am reaching out to seek your legal guidance regarding a situation I am currently facing with Chase Bank.

I received a check from State Farm for nearly $7,000 due to vehicle damage and deposited it into my Chase account on July 29, 2024. After a brief hold, Chase closed my account without notice, citing suspected fraud. They funded the check, then withdrew the funds and refused to release them,... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the difficulties you're experiencing with Chase Bank. Start by gathering all related documents, including the check from State Farm, deposit records, and any communication you've had with Chase. Contact State Farm to confirm the legitimacy of the check and... View More

2 Answers | Asked in Consumer Law for California on
Q: I hired Nexgen plumbing and heating to do some work, 2hrs later my house suffers water damage. Do I have a case?

Joe Magana the plumbing mgr tells me Nexgen will pay for all damages; yet I can no longer get in contact w/him

William John Light
William John Light
answered on Sep 23, 2024

Call your homeowners insurance and make a claim. Let it worry about collecting from Nexgen. You will have to pay your deductible, but if your insurer recovers from Nexgen (or its insurer), you should get your deductible refunded.

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